The Punjab and Haryana High Court has rejected the bail pleas of three juveniles accused in a sexual assault case involving a visually impaired and specially abled minor girl. The court noted that the victim had identified the accused through their voices.
Justice Shalini Singh Nagpal upheld the decisions of the Juvenile Justice Board, Karnal, and the Additional Sessions Judge of the Fast Track Court in Karnal. The court said releasing the juveniles at this stage would adversely affect the interests of justice.
The matter came to light after the chairman of the Child Welfare Committee in Karnal lodged a complaint. During a visit to Ansal Town on official duty, he noticed a young girl eating soil. He also suspected that she was pregnant.
On speaking to the family, the girl's mother informed him that her daughter was blind and specially abled. She alleged that the girl had been sexually assaulted in a nearby park. The mother also claimed that one of the accused belonged to the same neighbourhood. She alleged that his mother had warned her against approaching the police.
Appearing for the state, counsel backed the orders passed by the Juvenile Justice Board and the appellate court. The counsel stressed that the victim was a minor who was visually impaired and had special needs.
The state told the court that the girl became pregnant as a result of repeated sexual assault. Although she was unable to name the accused, she was able to recognise them from their voices.
The prosecution further submitted that four out of the 19 listed witnesses had already recorded their statements. It argued that granting regular bail in a case of this nature would send a wrong message and hamper the pursuit of justice. The state therefore requested the High Court to dismiss the revision petitions filed by the juveniles.
In its order dated May 29, the High Court referred to a Supreme Court ruling in a Rajasthan case. It observed that courts must remain mindful while dealing with juveniles facing allegations of serious offences such as rape, gang rape, sexual assault and murder.
The court also pointed out that the Juvenile Justice Act, 2015, is intended to reform and rehabilitate children who come into conflict with the law.
At the same time, it said that while deciding bail applications, courts cannot focus only on the reformative spirit of the law. They must also take into account the nature of the allegations and the circumstances surrounding the case.
"The victim is a blind and mentally challenged minor girl. The matter was reported by the chairman of the Child Welfare Committee, who found her pregnant and eating soil before declaring her a child in need of care and protection. Medical examination later confirmed the pregnancy," the court noted.
The court further observed that the victim had already deposed before the trial court and supported the prosecution's version. It noted that she had identified all three juveniles on the basis of their voices. The allegations, the court said, were extremely serious and disturbing.
The High Court observed that although the seriousness of an offence alone cannot justify denial of bail, the overall circumstances of the case could not be ignored.
Considering all facts placed before it, the court held that granting bail to the juveniles would not be appropriate and would run contrary to the interests of justice. The court ultimately ruled that the three juveniles were not entitled to bail despite the time they had already spent in a place of safety.
Also read: Highest crime rate against children in Haryana worrying: Selja
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